This is the first of three posts about the Commission's Communication on Tackling Illegal Content Online. Post Two addresses problems with relying on filters to identify unlawful content, and Post Three addresses dystopian aspects of the Communication.

Prime Minister Theresa May’s political fortunes may be waning in Britain, but her push to make internet companies police their users’ speech is alive and well. In the aftermath of the recent London attacks, Ms. May called platforms like Google and Facebook breeding grounds for terrorism.

These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional public comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17

Abstract

The Recording Industry Association of America (RIAA) is at it again. In a joint open letter to Congress, it is leading a push by the music industry to rewrite Internet copyright law in ways similar to its advocacy of the infamous Stop Online Piracy Act (SOPA) of 2012. SOPA failed miserably in Congress. It was abandoned after more than 15 million Americans objected to the bill’s attempt to restrict Internet freedom as 115,000 websites staged a massive blackout online.

"But Canada’s Supreme Court has flipped this script with its globally-binding ruling. Daphne Keller, a director of Stanford University’s Center for Internet and Society, called it “much more far reaching than most” in an email.

"“[The database] is definitely responsive to what’s going on in Europe,” says Danielle Citron, a law professor at the University of Maryland, who specializes in cyber law and harassment. “What you’re finding is just a manifestation of this code of conduct from May, coupled with pressure from the United Kingdom and European Union.”"

"Social media sites often walk a "delicate line" with moderation, said University of Washington law professor Ryan Calo. "The key thing to understand is that a platform like YouTube makes their decisions against the backdrop of our free speech principles and culture, but they are not bound by those principles," he said. A site's own policies typically take precedence."

""The idea that copyright is a tool that's going to be used to censor speech we don't like ... that's very dangerous," said Julie Ahrens, director of copyright and fair use at Stanford University's Center for Internet and Society. "It is a pretty stunning decision.""